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Posted (edited)

They did indeed. My finacee has not lived in the Ukraine for many years, and it would have been a major hassle and expense to set up home there just for the application, a point which I made strongly in all the correspondence I had. I did extensive research last year on this subject, including exchanges with the FO in London. It was all very ambiguous for a while. As you probably know, accepted procedure is that one must apply for marriage settlement from ones home country. However, if one is officially resident in a different country, then the local embassy has to process it. Of course this doesn't apply to us, despite the fact that we have been living together in Thailand 6 out of 12 for last 2 years, we don't have residency.

But I kept plugging away, and had almost given up, when last year I received a reply from UKBA BKK specifically saying that they would process it, and telling me to "enclose a copy of this email" with my application.

I can let you see the copy if you like, but maybe not PC to post it in the open.

Edited by funkyronster
Posted

Glad to see some common sense being applied by the ECOs at Bangkok.

Re SMS service. I was also told no service on 12CALL, but at 4pm on the day of application at VFS my 12CALL number (08088...) received an SMS saying the app had gone to the embassy. I have received nothing since.

I am wondering if I should email them politely again?

Told by whom?

You wont receive another SMS until the passport is returned to VFS. Checking with the application tracker will also tell you nothing until the passport is returned to VFS. I suspect that another email enquiry will just result in the same reply as before; if any.

Bear in mind the penultimate line of that email

There may be some delay in processing your application as the UK Border Agency may need to refer your documents to your country of origin
Which means that if they do, for some reason, refer to The Ukraine then her application will be put on hold until they receive a reply.

To be honest, difficult to see what else they could do except send an SMS every time someone picks up and looks at the file; which if they did for every applicant would take up a lot of time and result in even longer waiting times.

No reason why you should not post a copy of the other email you refer to, if you think it will help others. But make sure you remove all names and any other identifying information if you do.

Posted

Thanks. Does anybody know how we should handle the potential overstay we will incur assuming it takes several more weeks. Do you think they might release her passport for a day to get extended?

Posted (edited)

its a spouse/civil partner visa. but i heard somewhere it has to say indefinite leave to enter! is that right?

Yes you have to have indefinite leave.

Totally, completely and utterly wrong. You do not have to have indefinite leave. The vast majority of spouse/partner settlement applicants don't have indefinite leave because they don't qualify. The vast majority of spouse/partner applicants receive the standard 27 months spouse/partner visa and apply for indefinite leave after 24 months in the UK.

To check what the visa endorsement means, see here; settlement is on page 2.

Not much time now, I'll answer the other questions asap. But for an overview and other information on ILE, see UK Settlement; Spouse Visa Or ILE?.

You are confused! I have indefinite leave to remain. Not the applicant. I'm Arick the applicants partner in in London! I was saying earlier I am a permanent resident not a citizen. Somebody said earlier about rights. Yes as a non citizen I have the same rights as any UK citizen . Edited by 7by7
Irrelevant part of quote removed for clarity
Posted

You have ILR and so are a settled person in the UK. I believe that chogiekim is a British citizen.

Neither of which has anything to do with his question; which was about his wife's visa endorsement.

I think it is you who is confused, not I.

I will concede, though, that when I said "You do not have to have indefinite leave" I was responding to your remark without really thinking. What I should have said is "She does not have to have indefinite leave."

BTW, as a non citizen, you do not have the same rights as any British citizen.

For example:

You cannot vote or stand for election.

You can be removed from the UK at any time if the Home Secretary (in reality the UKBA) deems it to be in the public interest. Being convicted of any criminal offence which results in imprisonment, for example.

If you leave the UK for a continuous period of two or more years your ILR will lapse and you will have to apply for the appropriate visa should you wish to enter the UK again.

But yes, while you remain a UK resident you do have the right to sponsor a UK settlement visa for your partner.

Posted

Hi Guys

Thought I would add my application to this thread.

Main difference for me is that my fiancee isn't Thai, she's Ukrainian. (Sorry not relevant to this thread, but hopefully of some interest to you all)

Our settlement app went in on 12 April. I asked in advance, and was replied to in person by UKBA BKK that they would accept and process our application in BKK.

It was prepared by a UK immigration lawyer at a cost of £750, and I was very impressed with the application. It was as perfect as possible, with a stack of supporting paperwork, all specified by the lawyer.

I don't want to discuss our chances - the app is in and that's that. We have been together 2 years and have already been to the UK together on a visit visa. However I am happy to answer any questions if my situation is of interest.

The main difference for us is that we are both here on tourist visas, and we expire on June 2nd. We got the app in as soon as we could after our last visa run. Does anybody know if UKBA has a policy for applicants who run out of Thai visa time? I emailed them 2 weeks ago and I got a polite reply quoting 95% and 60 days but they would do their best.

From next Saturday we will be clocking up overstay at 1000 baht a day, although I will probably try and get an extension on my passport, so it will be 500 a day for her.

This is the text of the email I received from them - I enclose it only for the benefit of others.

======

Thank you for your e-mail dated 08/05/12 concerning your fiancé visa processing time.

Our website clearly state that The UK Border Agency aims to process 95% of settlement applications in not more than 12 weeks, and is currently working within these time targets. A detailed guide to visa processing times can be found here. Each application is assessed individually, and the actual processing time may depend on a number of factors. We are unable to guarantee that your visa application will be assessed by the date that you have requested. This is because of the unique circumstances of each cases. There may be some delay in processing your application as the UK Border Agency may need to refer your documents to your country of origin. However we will do our best to speed up the processing time, hopefully before your Thai visa expired.

======

Looking at processing times quoted here, it should be sometime soon. A 4 day working week this week doesn't help.

Re SMS service. I was also told no service on 12CALL, but at 4pm on the day of application at VFS my 12CALL number (08088...) received an SMS saying the app had gone to the embassy. I have received nothing since. I check the website daily.

I am wondering if I should email them politely again?

Thanks and good luck to all you other guys and girls.

Ron

Get an Air Asia ticket some where quickly! go to KL for the day. Then your visa will be fine!
Posted

As previously discussed, you did not provide evidence of your finances. The ECOs are not mind readers, the onus is on the applicant to provide the evidence they need to make their decision; you didn't do that. (Based on what you have said; for a more accurate comment I would need to see the refusal notice.)

What the salary of an ECO has to do with it, I have no idea; other than yet another feeble attempt by you to try and impress the gullible with your income and status.

You have said elsewhere that you are a Canadian living in the UK who can't be bothered to take out British citizenship. Maybe you should return to Canada; except it would be a lot more difficult and long winded process for you to get Canadian residency for your Thai partner than it is to get UK residency.

so why is is more difficult to have you Thai partner to get Canadian settlement/
Posted

A friend of ours who applied for settlement on the 6th of April has had an email saying a decision has been made today the 29th May... So how many working days would that be?

Posted

A friend of ours who applied for settlement on the 6th of April has had an email saying a decision has been made today the 29th May... So how many working days would that be?

About 30, they must have cleared the backlog.

Posted (edited)

You have ILR and so are a settled person in the UK. I believe that chogiekim is a British citizen.

Neither of which has anything to do with his question; which was about his wife's visa endorsement.

I think it is you who is confused, not I.

I will concede, though, that when I said "You do not have to have indefinite leave" I was responding to your remark without really thinking. What I should have said is "She does not have to have indefinite leave."

BTW, as a non citizen, you do not have the same rights as any British citizen.

For example:

You cannot vote or stand for election.

You can be removed from the UK at any time if the Home Secretary (in reality the UKBA) deems it to be in the public interest. Being convicted of any criminal offence which results in imprisonment, for example.

If you leave the UK for a continuous period of two or more years your ILR will lapse and you will have to apply for the appropriate visa should you wish to enter the UK again.

But yes, while you remain a UK resident you do have the right to sponsor a UK settlement visa for your partner.

You are not all knowledgeable! Yes I can vote! Being from Canada i can Vote Just did last week. god that was difficult. The British can not vote in canada on a resident permit. Check it out!

Why would a Canadian rush to become English! You should of so the mess when I came here there was recession. there was horrible things happening. If it wasn't for us I think the country might not be here today as it is. ( check 1939 history) I will be thinking of you on Monday when I'm at the concert!

Edited by arick
Posted

I was unaware that Canadians (and all other Commonwealth citizens) resident in the UK can vote in UK elections. I did know that for some reason citizens of the RoI can. Seems very strange.

I have never claimed to be "all knowledgeable!" and have always acknowledged corrections when I have made a mistake; check my posting history.

I am well aware of the history of the Second World War and the role played by Canadian, Australian, Indian, West Indian and other Commonwealth troops (and the Americans!). Incidentally, one of my aunts married a Canadian soldier in 1944 and emigrated to Canada with him after the war.

  • Like 1
Posted

My partner is getting cold feet and thinking of the what if not's. He has been waiting now over three months because of the first refusal. I keep telling him this time it will go through. But he will not except anything until it is in front of him.

Posted

We applied 12 April and have just been told our decision was made yesterday (30 May).

Does anybody know roughly how long it takes from decision to VFS to courier service to Koh Phangan??!!

Ron

Posted

Update:

darrylcfc: submitted 23/2, no news reported by member.

jingjingna: submitted 12/3, passport received 16/5, visa issued.

retard: submitted 16/3, passport received 21/5, visa issued.

simmsc: submitted 16/3, passport received 23/5, visa issued.

chogiekim: submitted 16/3, passport received 23/5, visa issued.

dracos: submitted 19/3, passport received 21/5, visa issued..

rightontime: submitted 19/3, passport received 23/5, visa issued.

jessicanguyenself: submitted 26/3 in Hanoi, passport received 30/5, visa issued (extra 6 days to send passport back to Vietnam).

tribalfusion001: submitted 27/3, passport received 25/5, visa issued.

funkyronster: submitted 12/4, decision made 30/5, passport not yet received so result unknown.. .

farmerfred: submitted 16/4, still waiting.

arik: submitted 20/4, still waiting.

To those who have the result; congratulations and good luck for the future.

To those still waiting; patience and I hope you hear soon.

  • Like 1
Posted

Looking at 7b7's list, it appears that we may have jumped the queue, by a week. No way to prove this of course.

2 days ago I sent an email saying we were out of thai visa time this coming weekend. Today I get an email saying they made a decision yesterday.

Coincidence? Maybe even a positive sign ......

I'll let you know. God knows if VFS will efficiently courier the package to Koh Phangan......

Posted (edited)

Hello. Good news today- Visa approved!

Submitted 16th April - Passport received 1 June,

Thanks for all the help and advice on here, especially 7by7, VisasPlus, ThaiVisa Express and all the mutual support. This thread has been of great help!

Edited by farmerfred
  • Like 1
Posted

Well is this the day! 32 working days! submitted April 20th. It has been a very long wait, especially after first refusal.

Buckingham palace was amazing! (Well it was OK), the concert was great!

But you know what will be the Best gift in life is this Visa!

It was very hard to sing God Save the queen without crying!(no partner)

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